DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Specification
The title of the invention is not descriptive. A new title is required that is clearly indicative of the invention to which the claims are directed.
The lengthy specification has not been checked to the extent necessary to determine the presence of all possible minor errors. Applicant’s cooperation is requested in correcting any errors of which applicant may become aware in the specification.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
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Claims 1-20 rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of U.S. Patent No. 12,243,686 B2 (‘686). Although the claims at issue are not identical, they are not patentably distinct from each other because:
Regarding claim 1, ‘686 discloses a supercapacitor (C:1, L:1), comprising:
a gel electrolyte (C:1, L:2); and
two electrodes (C:1, L: 3);
wherein the electrodes comprise:
a substrate (C: 1, L:4-5);
date stone activated carbon (C: 1,L: 6), wherein the date stone activated carbon is at least 50% graphitic (C: 2, L:1-2);
a conductive carbon compound different from the date stone activated carbon (C: 1, L: 7-8);
and a binding compound (C: 1, L: 9),
wherein a mixture of the date stone activated carbon, the conductive carbon compound, and the binding compound at least partially coats a surface of the substrate (C:1, L: 10-12),
wherein the two electrodes are assembled in a symmetrical layered configuration with the surfaces coated with the mixture facing each other (C: 1, L: 13-15),
wherein the gel electrolyte is present between the surfaces coated with the mixture to form the supercapacitor (C: 1, L: 16-17),
wherein the gel electrolyte is a mixture of H2SO4, polyvinyl alcohol, and anthraquinone (C: 1, L: 18-19),
wherein particles of the date stone activated carbon have a nanosheet morphology (C: 1, L: 20-21), and
wherein the nanosheets are stacked on top of each other to form a hierarchical structure (C: 1, L: 22-23).
‘686 discloses the claimed invention except for particles of the date stone activated carbon have a nanosheet morphology having a stacked offset hierarchical structure with an offset length of 10-200 nm.
It is known in the art to offset stacked hierarchical structures with an offset length of 10-200 nm.
Lacking unexpected results, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the invention to form the device of ‘686 so that particles of the date stone activated carbon have a nanosheet morphology having a stacked offset hierarchical structure with an offset length of 10-200 nm, since such a modification would form supercapacitor electrodes having desired electrochemical properties.
Regarding claim 2, ‘686 discloses the date stone activated carbon is at least 70% graphitic (C: 2, L: 1-2).
Regarding claim 3, ‘686 discloses the nanosheets have a width of 100-500 nm (C: 3, L: 1-2).
Regarding claim 4, ‘686 discloses the date stone activated carbon comprises carbon, oxygen, potassium, and magnesium (C: 4, L: 1-3).
Regarding claim 5, ‘686 discloses the date stone activated carbon comprises 80-95 wt.% carbon, 1-15 wt.% oxygen, 1-5 wt.% potassium, and 0.1-2 wt.% magnesium, based on a total weight of the date stone activated carbon (C: 5, L: 1-4).
Regarding claim 6, ‘686 discloses the date stone activated carbon has a BET surface arca of 1500-1700 m²/g (C: 6, L: 1-2).
Regarding claim 7, ’686 discloses the date stone activated carbon has a pore volume of 0.6-0.8 cm²/g (C: 7., L: 1-2).
Regarding claim 8, ‘686 discloses the date stone activated carbon has micropores, mesopores, and macropores (C: 8, L: 1-3).
Regarding claim 9, ‘686 discloses the mixture comprises 65-85 wt.% of the date stone activated carbon, 5-25 wt.% of the conductive carbon compound, and 5-15 wt.% of the binding compound, based on a total weight of the mixture (C: 9, L: 1-5).
Regarding claim 10, ‘686 discloses the gel electrolyte comprises 1-20 wt.% polyvinyl alcohol and 80-99 wt.% anthraquinone, based on a total weight of the polyvinyl alcohol and the anthraquinone in the gel electrolyte (C: 10, L: 1-4).
Regarding claim 11, ‘686 discloses the gel electrolyte has an equivalent series resistance of 0.3-0.7 Ω (C: 11, L: 1-2).
Regarding claim 12, ‘686 discloses the substrate is made from at least one material selected from the group consisting of stainless steel, aluminum, nickel, copper, platinum, zinc, tungsten, and titanium (C: 12, L: 1-4).
Regarding claim 13, ‘686 discloses the conductive carbon compound is at least one selected from the group consisting of graphite, activated carbon, reduced graphene oxide, carbon nanotubes, carbon nanofibers, and carbon black (C: 13, L: 1-5).
Regarding claim 14, ‘686 discloses the binding compound is selected from the group consisting of polyvinylidene fluoride and N-methyl pyrrolidone (C: 14, L: 1-3).
Regarding claim 15, ‘686 discloses a specific capacitance of 120-150 F/g at 0.5 A/g (C: 15, L: 1-2).
Regarding claim 16, ‘686 discloses an energy density of 15- 20 Wh/kg at a power density of 250 W/kg (C: 16, L: 1-2).
Regarding claim 17, ‘686 discloses a capacitance retention of at least 85% after 1000 charge-discharge cycles (C: 17, L: 1-2).
Regarding claim 18, ‘686 discloses a power bank, comprising: 2-10 of the supercapacitors of claim 1 connected in parallel and/or series (C: 18, L: 1-3).
Regarding claim 19, ‘686 discloses a wearable device comprising the supercapacitor of claim 1 (C: 19, L: 1-2); wherein:
the supercapacitor is electrically connected to a sensor (C: 19, L: 3); and
the supercapacitor functions as a battery (C: 19, L: 4).
Regarding claim 20, ‘686 discloses the date stone activated carbon is produced by a method comprising (C: 20, L: 1-2):
cleaning and drying date stones to form dry date stones (C:20, L: 3);
pulverizing the dry date stones to form a powder (C: 20, L: 4);
carbonizing the powder at a temperature of 300-500 °C for 1-10 hours under an inert atmosphere to form a carbon powder (C: 20, L: 5-7);
mixing the carbon powder with a base to form a carbon solution (C: 20, L: 8-9); and
carbonizing the carbon solution at a temperature of 700-1,000 °C for 1-10 hours under an inert atmosphere to form the date stone activated carbon (C: 20, L: 10-11).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US 2025/0149263 A1
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ERIC THOMAS whose telephone number is (571)272-1985. The examiner can normally be reached Monday-Friday, 6:00 AM-2:30 PM.
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/ERIC W THOMAS/Primary Examiner, Art Unit 2847
ERIC THOMAS
Primary Examiner
Art Unit 2847
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